Allahabad Court September 2004 Judgments
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Committee of Management, Shiksha Pracharini Sangh and anr. Vs. Prescri ...
Court: Allahabad
Decided on: Sep-14-2004
Reported in: 2005(1)AWC588
ORDERArun Tandon, J.1. Heard Sri H.K. Singh, learned counsel for the petitioners, Sri A.S. Diwakar, learned counsel for the respondent No. 3 and learned standing counsel for the respondent Nos. 1 and 2.2. The Committee of Management of Shiksha Pracharini Sangh, Isari Salempur, Ballia, which is a society duly registered under the Societies Registration Act, 1860 (hereinafter referred to as the Act) through its alleged Secretary/Manager Sri Jaishankar Singh has filed this writ petition against the order of the Prescribed Authority dated 6th April, 2004, passed in proceedings under Section 25(1) of the Act.3. It is contended on behalf of the petitioner that the aforesaid order of the Prescribed Authority is patently illegal inasmuch as it was specifically pleaded before the prescribed authority that the petitioners have set up the elections of the years 1993, 1997, 2000 and 2003. The Prescribed Authority has refused to take into consideration the claim of the petitioners and has proceeded...
Prem Shanker Singh Vs. Accounts Officer and ors.
Court: Allahabad
Decided on: Sep-14-2004
Reported in: 2005(1)AWC589
Tarun Agarwala, J.1. The petitioner filed a writ petition alleging that pursuant to an advertisement, the petitioner applied and appeared for being considered on the post of assistant teacher. Since the petitioner was found suitable and eligible for the said post, the committee of management resolved to appoint the petitioner as an assistant teacher on a substantive vacancy. The papers with regard to the petitioner's appointment was forwarded to the Basic Shiksha Adhikari, who by its order dated 10.10.1994 accorded the approval. The petitioner alleged that inspite of the approval having been granted by the Basic Shiksha Adhikari, the petitioner was not paid the salary. Accordingly, a writ petition was filed seeking a writ of mandamus directing the respondents to pay the salary. This Court, at the time when the writ petition was entertained, passed an order dated 11.10.1996. which is quoted hereunder :'Heard learned counsel for the petitioner and learned counsel for the respondents.List...
Commissioner of Wealth-tax Vs. Smt. Saroj Madhava Prasad
Court: Allahabad
Decided on: Sep-14-2004
Reported in: [2005]273ITR427(All)
1. The Income-tax Appellate Tribunal, Delhi, has referred the following question of law under Section 27(1) of the Wealth-tax Act, 1957, hereinafter referred to as 'the Act', for the opinion to this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the assessment order of the Wealth-tax Officer dated February 27, 1982, stood wholly merged in the appellate order dated May 27, 1983, and that hence the Commissioner of Wealth-tax had no power to interfere under Section 25(2) of the Wealth-tax Act, 1957, and on that reasoning in quashing the order of the Commissioner of Wealth-tax dated February 24, 1984, as not valid in law ?' 2. The reference relates to the assessment year 1977-78. While passing the assessment, the Wealth-tax Officer had valued the shares held by the respondent-assessee in L. H. Sugar Factory Ltd., Pilibhit, at Rs. 9.96 per share. It may be mentioned here that, the shares of M/s. L. H. Sugar Factory Limited are no...
Baccha Vs. Deputy Director of Consolidation and ors.
Court: Allahabad
Decided on: Sep-14-2004
Reported in: 2005(1)AWC707
Ashok Bhushan, J. 1. Heard Shri Rahul Sahai, counsel for the petitioner and Shri R.N. Ojha appearing for contesting respondent.2. By this writ petition, the petitioner has prayed for quashing the order dated 31.12.2003, passed by Deputy Director of Consolidation. By amendment application prayer for quashing orders dated 10.11.1995 and 30.6.1999 has also been added.3. Brief facts giving rise to the writ petition are Consolidation proceedings started in the village Midha under U. P. Consolidation of Holdings Act, 1953, (hereinafter referred to as the Act). Dispute relates to Khata No. 80. An objection was filed by the contesting respondent under Section 9A (2) of the Act claiming themselves to be co-tenure holder of the Khata and also stating that late Sita Ram who was co-tenure holder has executed a Will dated 15.11.1977, in favour of the objector. It was stated that Sita Ram died on 1.3.1979 hence, the name of Sita Ram be deleted and name of objectors/ contesting respondents be recorde...
U.P. State Road Transport Corporation, Through Regional Manager Vs. St ...
Court: Allahabad
Decided on: Sep-14-2004
Reported in: (2005)1UPLBEC992
Ashok Bhushan, J.1. Heard Shri Samir Sharma, learned Counsel for the petitioner.2. By this writ petition, the petitioner has prayed for quashing order dated 23.3.1987 passed by Presiding Officer, Labour Court in Misc. Case No. 3/87, staying the suspension and disciplinary proceeding against the petitioner in a proceedings under Section 11-C of the U.P. Industrial Dispute Act, 1947.3. The Counsel for the petitioner challenging the said order contended that in proceedings under Section 11-C of the U.P. Industrial Act 1947, there is no power to grant an interim order of the nature as granted by the Labour Court.4. The learned Counsel for the petitioner further contended that the Labour Court has wrongly relied on the judgment of the Bombay High Court in 1986(53) FLR 602, for holding that such interim order can be granted.5. I have considered the submissions and perused the record, Brief facts necessary for deciding the controversy raised in the writ petition are : The respondent No. 3, Wo...
Arvind Kumar Gupta Vs. Tax Recovery Officer
Court: Allahabad
Decided on: Sep-14-2004
Reported in: (2005)199CTR(All)36; [2005]276ITR373(All)
ORDERR.K. Agrawal, J.1. Both these writ petitions have been filed by the same petitioner challenging the proceedings and the order passed under Section 179 of the Income-tax Act, 1961, hereinafter referred to as the Act. While in writ petition No. 1502 of 2002, the petitioner has sought a writ order or direction in the nature of certiorari quashing the notice dated 26-3-2002 issued by the Tax Recovery Officer, Noida, respondent No. 1, filed as Annexure No. 1 to the writ petition in respect of the alleged outstanding income tax dues against M/s. Shashank Polyplast Limited formerly Shashank Polyplast Private Limited, respondent No. 3 and other consequential reliefs, in writ petition No. 911 of 2003 the petitioner seeks a writ, order or direction in the nature of certiorari quashing the order dated 29th May, 2003 passed by the Assistant Commissioner, Income Tax, Circle Noida, respondent No. 1, filed as Annexure No. 1 to the writ petition and other consequential reliefs.2. Briefly stated t...
Sri Bhagwan Gupta Vs. Kanpur Electricity Supply Company Ltd. and ors.
Court: Allahabad
Decided on: Sep-14-2004
Reported in: 2005(2)AWC1269
Ashok Bhushan, J.1. Heard Sri H. N. Singh, learned counsel for the petitioner and Sri Ranjeet Saxena, learned counsel appearing for the respondents. Counter and rejoinder-affidavits have been exchanged and with the consent of the, parties both the writ petitions are being finally decided. These two writ petitions have been heard together since they raise similar issues. Writ Petition No. 22931 of 2004, Sri Bhagwan Gupta v. Kanpur Electricity Supply Company Ltd. and Ors. (hereinafter referred as the first writ petition), has been filed by the petitioner praying for quashing the assessment bills dated 1st April, 2004 Annexures-7 and 8 to the writ petition and the order dated 10.6.2004 Annexure-12 to the writ petition, passed by the appellate committee respondent No. 2.2. Brief facts necessary for deciding the first writ petition are :'Petitioner is a consumer of category of HV 2 of the Kanpur Electricity Supply Company Ltd. the contracted load of which is 79 KVA (67.15 KW). The security ...
Tuples Educational Society Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Sep-14-2004
Reported in: 2005(2)AWC1443
N.K. Mehrotra, J.1. This is a petition for issuing a writ in the nature of certiorari quashing the impugned G.O. dated 27.9.2002 (Annexure-1 to the writ petition) in so far as it requires No Objection Certificate ('NOC' for short) from the Government for starting the course of Bachelor of Physiotherapy ('BPT' for short), and further to quash the impugned letters dated 30.11.2002, 18.1,2002 and 1.2.2003 as contained in Annexures-2, 3 and 4 respectively to the writ petition. The petitioner has also sought a relief for issuing a writ in the nature of mandamus directing the opposite party No. 4 Chaudhary Charan Singh University, Meerut and the opposite party No. 3, the Chancellor, Chaudhary Charan Singh University, Meerut to consider the application for the petitioner-society's college for affiliation in accordance with the provisions of the statutes and to extend the privilege of affiliation for the BPT Course for the Session 2003-2004.2. The petitioner is a registered society and runs an...
Commissioner of Income-tax and anr. Vs. Sir Shadilal Enterprises Ltd.
Court: Allahabad
Decided on: Sep-14-2004
Reported in: [2005]276ITR302(All)
1. The present income-tax appeal has been filed by the Commissioner of Income-tax, Meerut, under Section 260A of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') on the ground that it raises the following substantial question of law :'Whether, on the facts and in the circumstances of the case, the learned Income-tax Appellate Tribunal was legally correct in confirming the Commissioner of Income-tax (Appeals) decision in holding that mere passing a journal entry mentioning utilisation of investment allowance reserve fulfils the requirement of the provisions of Section 32A(5) of the Income-tax Act, 1961 ?'We have heard Sri A. N. Mahajan, learned counsel for the Revenue, and Sri S. P. Gupta, learned senior counsel assisted by Sri S. D. Singh, on behalf of the respondent-assessee.This appeal and other connected appeals relate to the assessment years 1978-79 to 1986-87. During these assessment years, the respondent-assessee claimed and was granted the following amounts toward...
Oriental Insurance Co. Ltd. Vs. Smt. Jannat-ul-firdaus and ors.
Court: Allahabad
Decided on: Sep-14-2004
Reported in: I(2005)ACC386; 2005(2)AWC1777
ORDERU.K. Dhaon and Rakesh Sharma, JJ.1. Heard Sri Anil Srivastava, learned counsel for the appellant. None appears on behalf of the respondents.2. This is a First Appeal from order against the award dated 2.1.1998 passed by the IVth Additional District Judge/Motor Accident Claims Tribunal, Unnao, by which a compensation of Rs. 3,27,000 was awarded to the claimants along with 12% interest.3. The brief facts of the case are that on 5.5.1995, the deceased Mohd. Sabir while proceeding for a tea shop near Bangarmau Hospital, the Vehicle No. USD 3940 dashed the deceased who sustained serious injuries and thereafter died on 7.5.1995. The claim petition was filed by the legal heirs of the deceased. The Claims Tribunal on the basis of the pleadings of the parties framed three issues as under :(1) Whether Mohd. Sabir sustained injuries in an accident which took place on 5.5.1995 on Hardoi Unnao Road near Bangarmau, Police Station Bangarmau, District Unnao due to rash and negligent driving of th...
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